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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
USR18-0127
Claire M. Scavello
16859 County Road 4 Brighton, CO 80603
Hearing Date: April 16, 2019
A Site Specific Development Plan and Use by Special Review Permit for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A.
(second single-family dwelling unit) in the A (Agricultural) Zone District.
Lot 12, Block 2 Jo Ann Subdivision being a part of the SW4 of Section 18, Township
2, Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 4; west of and adjacent to County Road 33.75
Size of Parcel: +1- 4.3 acres Parcel No. 1471-26-4-01-007
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated December 18, 2018
Weld County Department of Public Works, referral dated January 16, 2019
Weld County Department of Public Health and Environment, referral dated January 14, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
v v y y y
City of Fort Lupton, referral dated December 28, 2018
Weld County Sherriff's Office, referral dated December 20, 2018
Weld County School District RE -3J, referral dated January 31, 2019
Central Weld County Water District, referral dated January 15, 2019
Colorado Division of Parks and Wildlife, referral dated December 19, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Adams County
City of Brighton
City of Lochbuie
West Adams Conservation District
Greater Brighton Fire Protection District
State of Colorado, Division of Water Resources
USR18-0127, Scavello
Page 1 of 7
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Maxwell Nader
USR18-0127
Claire M. Scavello
16859 County Road 4 Brighton, CO 80603
Hearing Date: April 16, 2019
A Site Specific Development Plan and Use by Special Review Permit for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A.
(second single-family dwelling unit) in the A (Agricultural) Zone District.
Lot 12, Block 2 Jo Ann Subdivision being a part of the SW4 of Section 18, Township
2, Range 67 West of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 4; west of and adjacent to County Road 33.75
+1- 4.3 acres Parcel No. 1471-26-4-01-007
The applicants are requesting a Use by Special Review Permit for the use of an existing structure for a
second single-family dwelling for family, a caretaker or rental purposes. The parcel is zoned A (Agricultural)
and is located in the Jo Ann Subdivision.
This site currently has an active zoning violation (ZCV18-00160) which was initiated due to the presence
of more than 1 (one) dwelling unit without first completing the necessary Weld County Zoning Permits. This
case has not been forwarded to the County Attorney's Office; therefore, an investigation fee is not required.
Approval of this application by the Board of County Commissioners would correct the outstanding violation.
If this application is denied, the Department of Planning Services asks that the Board forward this case to
the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to allow the
applicant time to permit the dwelling as an accessory structure, to submit a demolition permit, or to remove
the second home from the property.
DEPARTMENT OF PLANNING SERVICES' S TA FF RECOMMENDS THAT THIS REQUEST BE
A PPRO VE D FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.F.3. - A. Policy 6.3. states, "Encourage multi-enerational, caretaker,
guest and accessory quarters."
USR18-0127, Scavello
Page 2 of 7
The proposed second single family dwelling is for an unrestricted tenant. This could be for
family, caretakers or rental purposes.
Section 22-2-20. H. - A. Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water and septic service being provided to the property. Well Permit #
82742-F allows for ordinary household and commercial use. There is an existing septic
system, permit # SP -9600197, for the existing home (16859 CR 4) and is sized for three
(3) bedrooms. A new septic system will be applied for and installed for the second
residence.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. --Intent, of the Weld County Code states, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right." This code section allows the applicant to apply for a USR (Use by
Special Review) Permit.
Section 23-3-40.M. of the Weld County Code allows for one (1) single-family dwelling unit
per lot other than those permitted under section 23-3-20.A. (second single-family dwelling
unit) in the Agricultural (A) Zone District. This code section allows the applicant to apply for
the subject second home.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The property is Lot 12, Block 2 of Jo Ann Subdivision. The uses surrounding this parcel
are primarily residential. The majority of the properties located to the east are in the
municipal limits of Lochbuie. The properties to the west are located within the Jo Ann
Subdivision. The properties to the south are located in the municipal limits of Lochbuie.
The properties to the north are rural residential. The primary uses within adjacent Lochbuie
municipal limits are residential subdivisions. The proposed second home density is
consistent with the urban nature of the Lochbuie and the Jo Ann Subdivision making this
proposal compatible. The proposed permit is for a second residence for family members
which would not take away nor hinder from the existing surrounding residential land uses.
There is a total of five (5) Use by Special Review Permits within a one (1) mile radius of
the subject property. These Use by Special Review Permits consist of an accessory
building permitted by USR-862, a twelve (12) inch natural gas pipeline permitted by
USR16-0028 that are both located north of the property and a double circuit 230 kV
transmission line permitted by USR-1711, one (1) greater than 10 -inch natural gas
transmissions pipeline and associated facilities permitted by USR12-0011 and a Major
Facility of a Public Utility or Public Agency permitted by USR14-0067 that are all located to
the west of the subject property.
The Weld County Department of Planning Services sent notice to thirty-eight (38)
surrounding property owners within five -hundred (500) feet. No responses were received
back from surrounding property owners regarding the proposed application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
USR18-0127, Scavello
Page 3 of 7
The site is located within a three (3) mile referral area of the City of Brighton, the City of
Fort Lupton and the Town of Lochbuie. The City of Fort Lupton returned a referral indicating
no concerns. The City of Brighton and the Town of Lochbuie did not respond.
The site is located in the City of Fort Lupton's Coordinated Planning Agreement (CPA). As
part of the pre -application process, Fort Lupton submitted a signed Notice of Inquiry form
that stated they do not wish to annex at this time.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The soil designation for the site is "Other Land" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Due to the classification given, the proposed
USR will not take "Prime (Irrigated)" Farmland out of production. Additionally, the site is not
current farmland and the small lot size is not suitable for farming.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The recreational vehicle shall cease to be used as a dwelling unit. The applicant shall submit
photographic evidence to the Department of Planning Services. (Department of Planning
Services)
B. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0127 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Show and label all recorded rights -of -way and easements on the lot. (Department of
Planning Services)
USR18-0127, Soavello
Page 4 of 7
County Road 4 is under the jurisdiction of Lochbuie in this location. Show and label the future
and existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
6. The eastern property line is bordered by 60' of right-of-way shown on the Jo Ann
Subdivision plat (reception number 1534689) as `Dedicated for County Road.' Show
and label the right-of-way. This road is not maintained by Weld County. (Department
of Public Works)
7 Show the approved Town of Lochbuie access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
8. Show and label the drainage flow arrows. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one hundred twenty (120) days from the date
of the Board of County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
5. Prior to Construction:
Q. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
Q. An on -site waste water treatment system is required for the proposed residence and shall be
installed according to the Weld County On -site Waste Water Treatment System Regulations.
(Department of Public Health and Environment)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR18-0127, Scavello
Page 5 of 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Claire M. Scavello
USRI8-0127
1 A Site Specific Development Plan and Use by Special Review Permit, USR18-0127, for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit), in the A (Agricultural) Zone District, subjectto the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
4. Any On -site Waste Water Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public
Health and Environment)
5. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
8. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
9. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
10. WELD COUNTYS RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
USR18-0127, Scavello
Page 6 of 7
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR18-0127, SGavelto
Page 7 of 7
March 18, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
SCAVELLO CLAIRE M
16859 COUNTY ROAD 4
BRIGHTON, CO 806035744
Subject: USR18-0127 - A Site Specific Development Plan and Use by Special Review Permit for a
Single -Family Dwelling unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 12 BLOCK 2 JO ANN SUB, PART OF SECTION 26, T1 N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 16, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 8, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
/
Maxwell Nader
Planner
December 18, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
SCAVELLO CLAIRE M
16859 CR 4
BRIGHTON, CO 80603
Subject: USR18-0127 - A Site Specific Development Plan and Use by Special Review Permit for a
Single -Family Dwelling unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 12 BLOCK 2 JO ANN SUB; PART OF SECTION 26, T1N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
Lochbuie at Phone Number 303-655-9308
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
FIELD CHECK
Inspection date: April 1, 2019
CASE NUMBER:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
USR18-0127
Claire M. Scavello
Lot 12, Block 2 Jo Ann Subdivision being a part of the SW4 of
Section 18, Township 2, Range 67 West of the 6th P.M., Weld
County, Colorado
North of and adjacent to County Road 4; west of and adjacent to
County Road 33.75
Zoning
Land Use
N
Jo Ann Subdivision
N
Residential
E
Jo Ann Subdivision
E
Residential
S
Town of Lochbuie
S
Town of Lochbuie
W
Jo Ann Subdivision
W
Residential
COMMENTS:
The site is east of and adjacent to County Road 33.75. The site contains a horseshoe shaped driveway.
The site contains one existing residence, a pole barn, a detached garage and miscellaneous items, such
as horse trailers. The second residence is a RV that is said to be replaced once approved.
Maxwell Nader, Planner I 04/01/2019
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